Thank you, Eliot Spitzer.
The New York Attorney
General's recent crackdown on financial-services companies -- not to mention the
ever-evolving strictures of the Sarbanes-Oxley Act and other regulatory
requirements -- are fueling demand for in-house attorneys.
It's not a new phenomenon:
Corporate America has been scrambling to protect itself ever since the Enron
Corp. and WorldCom Inc. debacles hit back in 2001 and 2002.
But heading into 2006, the
trend is still strong. Companies of all stripes, especially financial-services
firms, are upgrading their in-house legal talent and giving their top lawyers
more impressive titles -- often that of "Chief Legal Officer" -- as well as more
sweeping responsibilities. Meanwhile, not
surprisingly, median salaries for senior corporate lawyers continue to rise.
According to Altman Weil Inc., a consulting firm based in Newtown Square, Pa.,
in 2005, chief legal officers saw a 4.1% increase in their salaries over that of
2004, to a median of $287,500, while their bonuses soared 39.5% to a median
$171,600.
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Attorneys' Pay
For a snapshot of compensation for in-house attorneys, see CareerJournal.com's
Pay Table.
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One of the splashier recent
hires happened in October when Bethesda, Md.-based Lockheed Martin Corp. hired
James Comey to succeed the retiring Frank Menaker as general counsel. Mr. Comey
made his high-profile reputation battling both white-collar criminals and the
likes of the Gambino crime family as the U.S. Attorney for the Southern District
of New York in Manhattan and as a deputy attorney general in the U.S. Department
of Justice -- from where he was hired. At Lockheed, Mr. Comey is managing a team
of more than 100 lawyers, earning an unknown salary. (According to regulatory
filings, Mr. Menaker earned $1.46 million in salary and bonus in 2004.)
Mr. Comey is just one of
many top government lawyers recently to jump to the corporate sector. In April
2005, Ford
Motor Co. brought
David Leitch, a former deputy White House counsel in house to be the automaker's
general counsel. In September 2005, David Kornblau,
the former chief litigation counsel at the U.S. Securities and Exchange
Commission's Division of Enforcement, joined Merrill Lynch & Co. to head the
brokerage firm's regulatory legal division. United Technologies
Corp.,
PepsiCo Inc.,
General
Electric Co. and
Tyco Corp. also have
raided government agencies in search of top legal talent in the last few
years.
More than ever, public
companies are called upon to make business decisions with legal ramifications in
mind. So their in-house legal advisers are now more likely to sit in on
"C-suite" meetings and be asked for their advice early on key business moves.
"Publicly-traded companies
are in the lead here, because they are the ones that face all kinds of new
challenges and scrutiny, both from their investors and from the variety of
regulators that they deal with," says Jeffrey Lowe, a Washington, D.C.-based
partner at Major, Lindsey & Africa, a legal recruiting firm.
As a result, companies want
their candidates for senior posts in finance and law to have significant
risk-management experience, says Julie Goldberg, a senior client partner and
managing partner of the legal specialty practice at recruiting firm Korn/Ferry
International in New York.
"The CEO wants to know
granular examples of how a candidate helped the business he or she worked for
manage risk," she explains. As a result, she says, candidates are often expected
to interview not only with direct reports, but with the chief executive officer
and sometimes also with board members. It hasn't always been this way. According
to Ms. Goldberg, in the past, a candidate to run, say, a litigation department
might only have interviewed with his or her direct report, typically the general
counsel or chief legal officer.
Adds Major, Lindsey's Mr.
Lowe: "It used to be you needed to find someone who had a lot of knowledge of
litigation. But these days, companies also want Sarbanes-Oxley familiarity,
regulatory knowledge, and so on, right down the list."
The biggest wave of
regulator-related hiring, say some legal recruiters, is hitting the financial
services industry. In many instances, says Korn/Ferry's Ms. Goldberg, investment
banks and brokerage houses aren't merely prowling for candidates when in-house
vacancies arise, but are creating brand-new in-house legal positions.
Merrill Lynch's
Mr. Kornblau is just one recent example. UBS Investment
Bank and Bank of America Corp. have also tapped
Treasury Department and SEC lawyers to be general counsel or regulatory affairs
experts in the past few years.
"[Companies] take them out
of law firms, poach them directly from regulatory agencies," says George
Whittemore, executive senior partner at the Lucas Group in New York. (The Lucas
Group is a business partner of CareerJournal.com.)
"There is a real dearth of experienced and talented people in this arena; it is
hard for us to find enough candidates."
As a result of the booming
demand, an experienced attorney who can oversee the regulatory operations of an
investment company can command an annual salary of $300,000 to $400,000, plus
bonus and an option package or equity participation, Mr. Whittemore says.
According to Mr. Whittemore, these salary levels are roughly 33% to 50% higher
than they were pre-Sarbanes-Oxley. "The market has moved considerably," he says.
For example, Mr. Whittemore
recently conducted a search for two lawyers on behalf of an investment bank that
was trying to beef up the legal team in its asset-management division. The bank
wanted two candidates, each with international and compliance experience. One
successful candidate came from a private-equity firm, the other from another
asset-management company. Each had six to eight years of experience, and was
rewarded with annual salaries of close to $300,000, plus bonus.
According to Mr. Whittemore,
the new salary levels still generally represent cost savings to companies, which
might otherwise be forced to fork out $400 an hour for the time of a senior
associate within a law firm.